[HISTORY: Adopted by the Town Board of the
Town of Sullivan 7-19-1965. Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home
Park Ordinance of the Town of Sullivan Madison Country, New York."
It is the purpose of this chapter to promote
the health, safety, morals and general welfare of the inhabitants
of the Town of Sullivan, Madison County, by the more efficient regulations
of mobile home parks and the occupancy of mobile homes.
When used in this chapter, unless otherwise
expressly stated or unless the context or subject matter requires
a different interpretation, the following terms shall have the meanings
indicated:
Any building of whatsoever material constructed, designed
or equipped to be used for living, sleeping or eating by transient
or seasonal occupants only.
Any vehicle designed or equipped to be used or capable of
being used for living or sleeping quarters and designed to move from
place to place on wheels and to be propelled by its own power or drawn
or propelled by another vehicle.[1]
Is the same as house trailer camps, tourist camps or similar
establishments as described in §§ 130 and 136 of the
Town Law of the State of New York and which shall also mean any lot
piece or parcel of ground on which are located or which is offered
in the public for the location of two or more occupied house trailers
or mobile homes.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home.
For purpose of this chapter "mobile home" shall not be limited
to any house trailer, but shall also include tent, tent house, cabin
or camp cottage designed for use by a single family.
Mobile home park.
Any lot, piece or parcel of ground, on which are located,
or which is offered to the public for the location of two or more
tents, tent houses, cabins, camp cottages or other buildings designed
or used for sleeping facilities other than permanent homes.
No person or persons being the owner or occupant
of any land or premises within the Town of Sullivan shall use or permit
the use of such land or premises for:
A.
The establishment or maintenance of a mobile home
park until a license for the establishment or maintenance of such
mobile home park has been obtained as hereinafter provided; and after
the issuance of such license, such parks shall not be maintained or
operated other than in accordance with the applicable laws and terms
of this chapter.
B.
The parking of any mobile home for the purpose of
the same being used for living sleeping or eating therein, except
as hereinafter provided.
No person or persons being the owner or occupant
of any mobile home shall park or otherwise locate said mobile home
upon any premises within the Town of Sullivan for the purpose of using
the same for living, sleeping or eating quarters nor shall any such
person use or occupy any mobile home for living sleeping or eating
therein, except in a duly authorized mobile home park except as hereinafter
provided.
A.
A license for the establishment and operation of a
mobile home park or extensions of existing parks in the Town of Sullivan
shall be issued or denied in accordance with the procedure herein
specified.
(1)
The applicant, who proposes to operate or maintain
the said mobile home park, must file with the Sullivan Town Clerk
a verified written application for such license in triplicate, and
if such applicant or applicants are not the owners of the property
upon which it is proposed to operate said park, such application shall
also be signed by the owner or owners of the property and shall be
accompanied by a certified check for the amount of the fee required
by this chapter.
B.
The application must contain the following information:
(1)
The name and address of the applicant, the names and
addresses of the partners if a partnership, and the names and addresses
of the officers if a corporation and its principal place of business.
(2)
The name and address of the owner of the premises
upon which the park is to be located and the present use which is
being made of the premises.
(3)
The interest of the applicant in said premises if
not the owner thereof.
(4)
A description of the boundaries of the land or premises
upon which the park is to be located in a manner sufficient to identify
the land or premises as in a deed of conveyance.
(5)
A park plan in the form of a land survey showing the
direction of magnetic north and drawn in scale which plan must show
the following:
(a)
The locations and name of all adjacent or adjoining
streets, right of way or highways and their existing widths and nature
of construction.
(b)
The names of the recent title holders of all
adjacent property.
(c)
The exact layout and dimensions of each mobile
home space.
(d)
The exact layout of all streets and driveways
their widths and the specifications of proposed construction.
(e)
The locations of all required services and other
improvements and facilities such as playgrounds, swimming pools, or
recreation areas.
(f)
A complete statement showing the proposed method
of sewage disposal or removal, the water supply, electric and gas
service, the design of all toilets, washrooms, laundry rooms, and
all other services required by this chapter.
A.
Upon receipt of each application the Town Clerk shall
immediately notify and send one copy of the application to the Madison
County Health Department and request that it make an investigation
into the facts and circumstances whether proposed sewage disposal
or removal system, the water supply and the proposed service buildings
meet the minimum required standards prescribed by the Madison County
Health Department or that of the State of New York. After completing
its investigation, it shall report its findings, in writing, to the
Town Clerk. If at the time of processing any application the Madison
County Health Department shall refuse or fail to act in conducting
its investigations, then, in the event of such refusal or failure,
the Town Clerk shall immediately notify the Town Board of the Town
of Sullivan of said matter and the Town Board shall then designate
and employ such engineers and licensed physicians as the Board deems
are necessary to make such investigations who shall also report their
findings to the Town Clerk.
B.
Any fee, service charge, or cost for such investigation
must be paid for by the applicant and in no event will any license
be issued until proof of payment is made to the Town Clerk.
C.
The Town Clerk also shall immediately send another
copy to the Planning Board of the Town of Sullivan which is directed
by this chapter to make it study of said application and make its
written recommendation to the Town Clerk whether the layout of the
park plan is suitable for the operation and maintenance of a mobile
home park; whether the driveways, streets and walkways are of suitable
grade; whether adequate recreational facilities and area are provided
in the plan and for the proper comfort, convenience, safety, health
and welfare of the inhabitants of the Town of Sullivan.
D.
Upon receipt of the reports from the Madison County
Health Department and from the Planning Board, the Town Clerk shall
immediately notify the Town Board which shall call a public hearing
to consider the application and the Town Board shall give the applicant
at least five days' written notice of the time and place of the public
hearing.
E.
Upon approval of the application by the Town Board,
the Town Clerk shall forthwith issue a license to be effective from
and after the date of issuance to and including the 31st day of December
next succeeding the date of issuance. If such application is not approved
the Town Board shall certify the reason for its actions and such decision
shall be filed with the Town Clerk who shall immediately notify the
applicant of the decision of the Town Board.
Any license issued pursuant to the terms of
this chapter shall be assignable only with the consent of the Town
Board.
The holder of any license may between the 15th and the 31st of December of each year apply for a renewal thereof for the following year by filing with the Town Clerk a verified application on forms provided for that purpose. If it shall appear that any changes or alteration has been made in the park plan as filed with the Town Clerk, no renewal license shall be issued by the Town Clerk until such time as the Town Board shall approve such change or alteration of the park plan. The Town Board in considering such approval may follow the same procedure provided for in § 179-7 for the issuance of a license.
A.
If the Code Enforcement Officer upon inspection finds
that such mobile home park is not being maintained in a clean and
sanitary condition or that such park is not being conducted in accordance
with the regulations applicable to such park and the provisions of
this chapter, he shall serve upon the holder of such license or the
person in charge of such park an order, in writing, directing that
the conditions therein specified be remedied within five days after
the service of such order. If after the expiration of such period,
such conditions remain unchanged or are not corrected in accordance
with said order, the Code Enforcement Officer shall serve a notice,
in writing, upon such park owner or the person in charge of such park
requiring the holder of such license to appear before the Town Board
of the Town of Sullivan at a time to be specified in such notice,
not less than 24 hours, and show cause why such license should not
be revoked. The Town Board may, after a hearing at which the testimony
and witnesses of the Code Enforcement Officer and the holder of such
license shall be heard, revoke such license if the conditions described
in the original order have not been corrected in accordance with the
terms of such order or if the holder of such license has violated
the regulations applicable to such park or has violated any of the
provisions of this chapter or for other sufficient cause. Upon the
revocation of such license, the premises shall forthwith cease to
be used for the purpose of such park and all trailers shall be removed
therefrom.[1]
B.
The commission of any felony or misdemeanor on the
licensed premises herein shall subject the owners to suspension of
the license described herein. The licensee shall be entitled to a
hearing before the Town Board on said suspension within seven days
after the service of a notice of such suspension upon him, at which
time evidence shall be taken and the licensee given opportunity to
be heard and appear by his attorney, and, after hearing the evidence
on the record of the hearing and all the facts brought forth, the
Town Board may determine to suspend, revoke or restore said license.
Such notice in the license shall be given to him personally or, in
his absence, by posting the said notice of suspension in some conspicuous
place upon the licensed premises.
A.
The Town Clerk shall receive a fee of $25 for each
license issued by him, provided that, if the original license be issued
on or after April 1, the fee shall be 3/4 of the fee herein provided
for, and, if issued on or after July 1, the fee shall be 1/2 of the
fee herein provided for, and, if issued on or after October 1, the
fee shall be 1/4 of the fee herein provided for. In addition, there
shall also be a $5 yearly fee per stall whether occupied or not.
B.
In addition to the aforesaid fee, the applicant shall also pay for expenses, if any, for the investigation conducted pursuant to § 179-7 as therein provided, and the applicant shall also pay for the cost of publication for the public hearing held pursuant to § 1790-7 of this chapter and shall provide proof of payment all of which must be paid before any license will be issued pursuant to the terms of this chapter.
The following minimum requirements shall be
maintained at all times:
A.
The park shall be located on a well-drained site properly
graded to insure rapid drainage and freedom from stagnant pools of
water.
B.
Mobile home spaces shall be provided consisting of
a minimum of 5,000 feet for each space which shall be at least 35
feet wide at the narrowest point. There shall be no more than an average
of eight spaces per acre in the mobile home park.
C.
The minimum size of any mobile home park shall be
at least five acres.
D.
Space for the parking of one automobile must be provided
for each mobile home space adjacent to it.
E.
All mobile home spaces shall abut upon a driveway
of not less than 20 feet in width, which shall have unobstructed access
to a public street or highway.
F.
Walkways of not less than two feet wide shall be provided
to the service buildings.
G.
All roadways and walkways within the park shall be
of suitable grade and have a tar and stone surface.
H.
All driveways and walkways within the park shall be
lighted at night with electric lamps of such candle power and so situated
as may be directed by the Planning Board.
I.
It is recommended that the design of the park not
be barracks-like in nature and not designed on the gridiron pattern
with identical rectangular spaces. The angling of spaces and the clustering
of mobile homes around culs-de-sac could be considered. Should this
latter type of design be hampered by the minimum size of 5,000 feet
and space width of 35 feet, the Town Board, upon the recommendation
of the Planning Board, shall have the authority to waive those two
requirements.
J.
All spaces shall have a patio convenient to the entrance
of each mobile home of a minimum size of 180 square feet.
K.
It is recommended that consideration in each instance
be given to the construction of all utilities underground and the
Town Board, upon the recommendation of the Planning Board, may require
that all utilities be underground.
L.
Each park plan shall be provided with approved sewer
and water connections in existing public sanitary sewer and water
systems of the Town or of any district therein if available.
M.
Each mobile home space must be supplied with sufficient
pure running water from approved water service facilities or a sufficient
supply of pure water must be available in conveniently located building
from approval type of water faucets or drinking fountains, and no
drinking fountain shall be placed in any toilet room.
N.
Each park plan shall be provided with service buildings
in which shall be installed water closets, placed in separate compartments
properly separated from any other water closet, each compartment being
not less than three feet wide enclosed with proper partitions in the
ratio of one water closet for ever 15 females or less, and one water
closet for every 20 males or less, in addition to one urinal for every
30 males or less. No licensee shall accommodate at any time, mobile
homes occupied by persons of either sex in excess of the minimum toilet
facilities for such sex in such park plan.
O.
Each service building shall contain for each sex one
lavatory or wash basin and one shower or tub for every 20 persons
or less and one stop sink or basin for each 60 persons or fractions
thereof.
P.
Each service building shall contain reasonable laundry
facilities in a room properly separated from the toilet facilities
of such building.
R.
No mobile home shall discharge waste liquids except
that the discharge outlet is connected through a proper trap to an
approved sewer, septic tank or septic well, and no flush toilets in
any mobile home shall be used unless the discharge outlet is connected
through to a sewer or septic tank, and no chemically treated toilet
waste shall be disposed of, except directly to a sewer.
S.
Every tourist or mobile home park shall be under the
management of the licensee who must be of good reputation and character,
and who shall manage such park plan from an office located on the
premises; there shall be maintained in such office a bound book containing
a record of the names of all persons accommodated at the park their
home addresses, the license number and make of their automobile or
other vehicle; such record shall be available at all times for inspection
by the Code Enforcement Officer and any police officer. It shall be
the duty of the licensee of any park plan:[1]
(1)
To provide for the collection and removal of garbage
and any other waste material and must provide metal, or equivalent,
garbage cans with tight fitting covers in quantity adequate to permit
disposal of garbage and rubbish. The garbage cans shall be located
not further then 300 feet from any mobile home space. The cans shall
be kept in a sanitary condition at all times and the garbage and rubbish
shall be collected and disposed of at least every seven days or as
frequently as may be necessary to insure the garbage cans shall not
overflow.
(2)
To prohibit the placing or storage of unsightly material
or vehicle of any kind.
(3)
To provide for cleaning, painting, repairing and disinfecting
all buildings.
(4)
To take such other measures which shall be deemed
necessary by the Health Officer to preserve the health, comfort and
safety of all persons accommodated in the park plan and of the general
public.
(5)
To prevent the committing of any nuisance in the park
premises and to report immediately to the proper authorities all acts
of a disorderly character committed by any person or persons inside
the park and to that end maintain proper policing thereof.
(6)
To report to the Health Officer all cases of communicable
diseases or suspected cases of communicable diseases affecting any
inhabitant of the park.
(7)
To provide underground storage for any handling of
gasoline.
(8)
To comply with the National Electrical Code with respect
to electric wiring and equipment.
T.
No addition is to be built, erected or maintained
in connection with any mobile home other than the usual awning or
similar weather protective structure.
U.
Every park shall be equipped at all times with fire-extinguishing
equipment in good working order, of such type, size and number and
so located within the park as to satisfy applicable reasonable regulations
of the Fire Department. No open fires shall be permitted at any place
which may endanger life or property. No fires shall be left unattended
at any time.
V.
An electrical outlet supplying at least three-wire
service with 220 volts and 100 ampere capacity entrance shall be provided
for each mobile home space.
A.
Location.
(1)
No mobile home shall be located on any individual
lot in the Town of Sullivan unless and until a permit has been obtained
from the Town Board of the Town of Sullivan therefor and in accordance
with the conditions specified herein.
(2)
Such permits for individual trailers on individual lots will be permitted in Agricultural Zones only as specified in Chapter 275, Zoning, of the Code of the Town of Sullivan as it may be amended from time to time.
(3)
Such individual trailer applicants shall also comply
with regulations of this chapter with regards to water supply and
sanitary systems.
B.
Restriction on number of mobile homes. Not more than
one such mobile home shall be permitted to park or otherwise locate
on such separate lot or parcel of land other than in a mobile park.
C.
Duration of stay. No mobile home shall be permitted
to remain upon any premises other than in a mobile park for a longer
period than four weeks in every 12 months except the time may be extended
by action of the Town Board.
D.
Location of mobile home on lot. Each mobile home shall
not be parked or otherwise located nearer than six feet in the side
line of any lot or parcel of land nor within 30 feet of the street
line of such premises.
A.
This chapter shall be enforced by the Code Enforcement
Officer of the Town, whose duty it shall be to enforce all the provisions
of this chapter as prescribed herein or such provisions as may hereafter
be enacted, and, for the purpose of securing such enforcement, the
Code Enforcement Officer and his duly authorized representatives shall
have the right and are hereby empowered to enter upon the premises
upon which any mobile home, house trailers or camp cottages or cabins
are located or about to be located and inspect the same and all accommodations
connected therewith at any reasonable time. The individual members
of the Town Board and their duly authorized representatives shall
have a like power of inspection.
Any person, firm or corporation who violates
any provision of this chapter shall be subject to a fine of not more
than $250 or to imprisonment for a period of not more than 15 days,
or to both such fine and imprisonment; and, in addition, any and all
persons who violate any of the provisions of this chapter or who shall
omit, neglect or refuse to do any act required by this chapter shall
severally for each and every such violation and noncompliance respectively
forfeit and pay a civil penalty of $250. The imposition of all penalties
for any violation of this chapter shall not excuse the violation or
permit it to continue. The application of the above penalty or penalties
or the prosecution of the violation of the provisions of this chapter
shall not be held to prevent the enforced removal of conditions prohibited
by this chapter or the taking of such other action as may be authorized
by law.
